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OAH NO. 2-0330-16644-BA |
STATE
OF
OFFICE OF ADMINISTRATIVE HEARINGS
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In
the Matter of the Petition D-417
Gem Lake/A-7228 (Hansen
Petition; 19.07 acres) Pursuant
to Statutes 414 (A-7212) |
ORDER DENYING MOTION
TO DISMISS, REQUIRING COMPLIANCE WITH RULE 17.01 AND SETTING A PREHEARING CONFERENCE |
The above entitled case is presently pending before
Administrative Law Judge Raymond R. Krause.
On November 17, 2005, the City of Gem Lake, Respondent, moved to dismiss
on the grounds that all owners of the property at issue have not signed the
Petition as required by Minn. Stat. §
414.061, subd. 5. Bryan M. Hansen,
Petitioner, filed a memorandum of law in opposition to the motion on December
2, 2005.
Bryan M Hansen,
Edward W. Gale,
Leonard, O’Brien, Spencer, Gayle & Sayre,
Caroline
The ALJ concludes that the submissions of the parties
provide sufficient information for ruling on this motion and that there is no
need for oral argument. Based upon all of the filings in this matter, and for
the reasons discussed in the attached Memorandum,
IT IS HEREBY
ORDERED that:
1. Respondent, City of
2. An amended Petition shall
filed no later than 30 days from the date of this Order to reflect the
Petitioner’s intentions regarding any easement on the property at issue in
these proceedings.
3.
Robert J. Hansen shall, within 30 days from the date of this order, file
original, signed, notarized documents with the Office of Administrative
Hearings that fulfill all requirements of Rule 17.01 of the Minnesota Rules of
Civil Procedure and all other applicable rules and statutes relevant to this
proceeding that demonstrate his role in these proceedings.
4.
A Prehearing conference by telephone will be scheduled to reset
deadlines for discovery.
Dated: this 7th
day of December, 2005
s/Raymond R. Krause
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RAYMOND R. KRAUSE |
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Chief Administrative Law Judge |
MEMORANDUM
On January 14, 2005, Bryan Hansen, Petitioner, filed a
petition for detachment of certain property located in the City of Gem Lake
pursuant to Minn. Stat. § 414.061.
Bryan Hansen was the sole signatory to the petition. The City of Gem Lake moved to dismiss the
petition on the grounds that there are other owners of the property who have
not signed the petition as required by Minn. Stat. § 414.061, subd. 5.
Respondent, City of Gem Lake, alleges that Robert J.
Hansen is, as a result of a decision by Ramsey County District Court, a
co-owner of the property that is the subject of the petition. The judgment in
that case was dated October 13, 2005, almost ten months after the petition was
filed.[1]
No action shall be dismissed on the ground that it is
not prosecuted in the name of the real party in interest until a reasonable
time has been allowed after objection for ratification of commencement of the
action by, or joinder or substitution of, the real party in interest; and such
ratification, joinder, or substitution shall have the same effect as if the
action had been commenced in the name of the real party in interest.[2]
Petitioner Bryan Hansen has submitted
photocopies of a letter purportedly from his brother, Robert J. Hansen, who has,
as a result of the Ramsey County District Court decision, a one-half ownership
interest in the property at issue. The letter states that he joins the petition
filed by Bryan Hansen. The photocopy of the letter is insufficient.
In support of its motion to dismiss, Respondent City
of Gem Lake has submitted court orders from the aforementioned action in Ramsey
County District Court, Jill S. Hansen et
al vs. Robert J. Hansen, 62-C8-04-005858 (July 26, 2005 and October 13,
2005). In these orders District Judge
David C. Higgs states in part:
Bryan Hansen has lied, committed forgery and committed
innumerous bad business dealings in furtherance of personal wealth, all at the
expense of his family trusts….Again, Robert Hansen’s hands are themselves not
clean, but his conduct failed to fall to the levels of his brother.
In light of these comments by District Judge Higgs,
the ALJ will demand the highest standards of conduct from Bryan M. Hansen and
Robert J. Hansen if he participates in this proceeding and will demand strict
compliance with all applicable rules and statutes. Evidence of any intentional misconduct or
fraud may result in dismissal of this action and other sanctions as may be
appropriate.
Robert J. Hansen has 30 days from the date of this
order to file original, signed and duly notarized documents with the Office of
Administrative Hearings that fulfill all requirements of Minnesota Rule of
Civil Procedure 17.01 and all other applicable rules and statutes demonstrating
his role in these proceedings.
Respondent, City of Gem Lake also notes that the
Petition included reference to an easement which is apparently owned by the
South Roadowners Association of Gem Lake, Inc.
Petitioner states that it was not his intention to include the easement
in these proceedings. Petitioner has 30
days from the date of this order to file an amended Petition that accurately reflects
the property subject to the petition. Failure to comply with either of these
conditions will make a resubmission of Respondent City of Gem
The ALJ also notes that the parties have not complied
with the Prehearing Order issued in this case.
A second Prehearing conference shall be scheduled to
set new time parameters for discovery.
R.R.K.